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Articles 1 - 8 of 8

Full-Text Articles in Law

Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros Dec 2012

Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros

West Virginia Law Review

No abstract provided.


Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard Dec 2012

Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard

West Virginia Law Review

No abstract provided.


Democratizing The Economic Sphere: A Case For The Political Boycott, Theresa J. Lee Dec 2012

Democratizing The Economic Sphere: A Case For The Political Boycott, Theresa J. Lee

West Virginia Law Review

The political boycott, though recently under attack through litigation aimed at compelled disclosure regimes, is a critical tool in constructing American democracy. Defining political boycotts as those refusals by consumers to buy goods or patronize businesses in order to effect political or social change, this Article is the first paper to place the political boycott at home in all three classic theories underlying the First Amendment: the marketplace of ideas, democracy and self-governance, and self-expression and autonomy. It also situates the boycott alongside current campaign finance doctrine via Citizens United v. Federal Election Commission, 130 S. Ct. 876 (2010). Just …


Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore Dec 2012

Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore

West Virginia Law Review

No abstract provided.


Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis Dec 2012

Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis

West Virginia Law Review

No abstract provided.


Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck Oct 2012

Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck

Jamin Raskin

No abstract provided.


Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson Apr 2012

Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson

Pepperdine Law Review

The common law doctrine of absolute immunity provided to litigation lawyers is said to be "as old as law." This centuries-old doctrine protects litigators from lawsuits instigated by the adversaries of their clients. It is typically invoked, irrespective of any nefarious or malicious motives, so long as the course of action taken bears some reasonable relation to the lawsuit. This Article examines the historical antecedents of the litigation privilege as well as the policies motivating its creation. It also provides a comprehensive description of the doctrine of absolute immunity, explores the circumstances in which it has been applied, and discusses …


Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood Apr 2012

Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood

Law Faculty Scholarly Articles

In this Article, Professor Underwood discusses the varying application of Rule 615 of the Federal Rules of Evidence, which provides for the exclusion of witnesses. He explains that varying application of Rule 615 and state evidence rules following Rule 615's language creates misunderstandings at trial. Thus, it is important to know not only the federal and local rules but also the "way things are done" in a particular court.